Section 16B Municipal wastes; discharge into ocean sanctuaries; variance; prerequisites - Massachusetts Statutes

Section 16B. A variance under the provisions of section sixteen A may be granted only when the following prerequisites are met:—

(1) The proposed discharge is the only feasible alternative, based upon technical, economic, environmental and public health factors.

(2) The proposed discharge shall be consistent with the intent and purpose the Act. Any discharge must be able to meet the water quality standards and the standards of the Act to protect the appearance, ecology and marine resources of the waters of the sanctuary.

(3) The applicant shall have adopted and implemented a plan approved by the department of environmental protection requiring the pretreatment of all commercial and industrial wastes discharged to the municipal wastewater treatment system.

(4) The applicant shall have adopted and implemented a program for water conservation according to the guidelines established by the water resources commission.

(5) The applicant shall have adopted and implemented a plan, approved by the department of environmental protection, to control inflow and infiltration.

(6) The applicant shall have adopted and implemented a plan, approved by the department of environmental protection, to control any combined sewer overflows.

(7) The applicant shall have adopted and implemented a plan to review and control growth and connections to the municipal wastewater treatment system and treatment works so as to ensure that design and treatment capacity are not exceeded. The plan shall require notification to the department of environmental protection whenever average flows within the system for any quarter equal or exceed eighty percent of the design capacity of the treatment plant. At that time, the applicant shall initiate the design and construction of additional treatment capacity, or other appropriate measures. The department of environmental protection shall take appropriate action to ensure that the design capacity of the treatment plant is not exceeded.

(8) The proposed discharge will not significantly affect the quality or quantity of existing or proposed water supplies by reducing ground or surface water replenishment.

(9) The proposed discharge must be treated to a secondary level, and such other treatment to remove nutrients or other pollutants which is found to be necessary to avoid degradation of the ecology, appearance and marine resources of the designated sanctuary and to meet water quality standards.

(10) The proposed discharge is consistent with the policies of the Massachusetts coastal zone management program.

(11) The proposed discharge and treatment plant are consistent with all applicable federal, state, and local laws, ordinances, by-laws, rules and regulations protecting the environment, including but not limited to the requirements of chapters twenty-one, ninety-one, one hundred and thirty, and one hundred and thirty-one.

(12) The proposed discharge and outfall structure will not adversely impact marine fisheries or interfere with fishing grounds or the normal operation of fishing vessels.